eTopical Precious Finds
When you buy a product, you expect it to be safe to use. However, that’s not always the case. According to data from the National Safety Council, more than 12,740,000 people were injured by a consumer product in 2023 alone. Some injuries are the result of genuine accidents and misuse, but many are from dangerous or defective products.
If you’ve been injured by a consumer product, you don’t have to sit back and deal with the consequences. You have legal rights that allow you to hold the manufacturer accountable. However, there’s a time limit for taking action. Instead of taking the hit for lost wages and watching your medical bills pile up, here’s what you need to do.
1. Contact a lawyer immediately
After being injured, you’re going to have medical bills, and they won’t be cheap. But you shouldn’t have to pay for medical expenses caused by someone else’s negligence. Companies that make or sell defective and dangerous products can be held legally responsible for your injuries, but you need to pursue a lawsuit to get compensated. A product liability lawsuit is the easiest way to get generously compensated for your injuries and ensure you recover funds for additional bills as well.
Don’t bother calling the manufacturer in hopes of working things out. While some companies do the right thing and pay injured consumers who contact them directly, it’s rare. When companies do offer payment, they’re hoping to avoid a lawsuit because they don’t want their insurance rates to rise. The result is a tiny payout that barely covers medical bills. Only a lawyer can get you the compensation you truly deserve.
2. Seek medical attention
It may sound obvious, but it’s important to get seen by a doctor immediately after being injured, even if you don’t think the injury is serious. Seemingly minor injuries can develop into bigger issues since symptoms can take time to manifest. Although, prompt medical care serves another purpose – it establishes a physical record linking your injury to the product.
Get a copy of your medical records from every provider you see, including all reports, test results, imaging, treatment plans, diagnoses, prescriptions, and notes. Remember to follow your treatment plan to the letter because ignoring treatment can make your lawsuit look questionable.
3. Preserve the evidence
Don’t throw away the product that injured you – keep it as evidence. No matter what shape the product is in, it will serve as primary evidence in your case. Don’t alter it, try to repair or modify it, or change anything about it. Take photos of the product, your injuries, and the accident scene from all possible angles. These photos will be used to make your case.
4. Report the incident to the CPSC
As soon as possible, report the incident to the Consumer Product Safety Commission (CPSC) and look through the database to see if there are any other complaints about the product or manufacturer. Before reporting your injury to the manufacturer, consult an attorney first. The manufacturer might try to bribe you with some money to avoid being reported or sued. If you aren’t aware of your rights, you might unknowingly sign them away.
5. Avoid discussing the incident with others
Other than conversations with your lawyer, don’t talk about your situation with other people, especially online. Refrain from posting to social media or public forums, even anonymously. Public statements can be used against you in court, and even anonymous accounts can be traced back to you. If you’re contacted by an insurance company, direct them to your attorney to avoid compromising your claim.
6. Once your lawsuit is done, warn others
After your lawsuit has been settled, that’s the time to start warning others about the dangers. Sometimes manufacturers are required to recall a dangerous or defective product as a result of a lawsuit, but not always. Sometimes they’re only required to slap a warning label on the product.
Even if a recall is mandated, that doesn’t mean it’s going to happen fast. Manufacturers don’t have control over the retail outlets that sell their products, so it’s up to the stores to pull the items from their shelves. It can take weeks or months, and with a disorganized back room, defective products may end up back on the shelf at some point. However, unless you want another full-time job, don’t let activism take over your life.
Protect your rights after a product injury
Being injured by a defective or dangerous product can be jarring, but you have legal recourse through a lawsuit. Don’t hesitate to contact an attorney to pursue compensation and hold the manufacturer accountable.
